HomeMy WebLinkAboutOrdinance 35- 663, Regulates fire prevention, repeals Ord. 446
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- .. .....),.ORDINANCE NO. 663
AN ORDINANCE OF TIm CITY OF BOZEMAN, MONTANA, PROVIDING FOR FIRE
PREVENTION AND PROTECTION WITHIN THE LDGTS OF SAID CITY AND
REPEALING ORDINANCE NO. 446, AND ALL OTHER ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH.
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BE IT ORDAINED BY THE COMMISSION OF THE CITY OF BOZEMAN, lftONTANA:
ARTICLE I. INSPECTIONS AND PERMITS.
Section 101. Authority to Enter Premises.
The building inspector or any assistant, the Chief of the Fire Department or
any member of the fire department may, at all reasonable hours, enter any building
or premises for the purpose of making any inspection, which, under the provisions
and limitations of this ordinance, he or they deem necessary for the public safety.
Section 102. Inspection of Premises.
It shall be the dut~ of the Chief of the Fire Department to inspect or cause to
be inspected by fire department members, as often as may be necessary, but not less
than twice a year in outlying districts and four times a year in the closely built
portions of the city, all buildings, premises and public thoroughfares, except tIle
interiors of private dwellings, for the purpose of ascertaining and causing to be
corrected any conditions liable to cause fire, or any violations of the provisions
or intent of this or any ordinance of the City of Bozeman affe~ting the fire hazard.
Section 103. Combustible or Explosive Matter, Etc.
Vfuenever any such officer or member shall find in any building or upon any
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premises or other place, combustible or explosive matter or dangerous accumulation
of rubbish or unnecessary accumulation of waste paper, boxes, s:navings, or any
highly flammable materials, and so situated as to endanger property, or shall find
obstructions to or on fire escapes, stairs, passageways, doors or windows, liable to
interfere with the operation of the fire department, or egress of occupants, in case
of fire, he shall order the same to be removed or remedied.
Section 104. Compliance With Orders -- Appeals.
Such order shall forthwith be complied with by the owner or occupant of such
premises or buildings, subject to appeal within twenty-four hours to the Director of
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Public Safety, who shall within ten days review such order and file his decision
thereon, and unless the order is revoked or modified it shall remain in full force
and be obeyed by such owner or occupant. Any owner or occupant failing or neglecting
to comply with such order within ten days after said appeal shall have been deter-
mined, or if no appeal is taken, then within ten days after the service of the said
order, shall be deemed guilty of violation of this ordinance. The service of any
such order shall be made upon the occupant of the premises to whom it i$ directed by
delivering a true copy of same to such occupant personally or by delivering the same
to and leaving it with any person in charge of the premises, or in case no such
person is found upon the premises by affixing a copy thereof in a conspicuous place
on the door to the entrance of the said premises. WheBever it may be necessary to
serve such an order upon the owner of premises, such order may be served either by
delivering to and leaving with the said person a true copy of said order, or, if such
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owner is absent from the jurisdiction of the officer mwcing the order, by
mailing such copy to the owner's last known post-office- address.
Section 105. Permits in Writing -- Period. '
Permits required by the provisions of this ordinance shall be obtained in
writing from the Building Inspector. Permits shall be for such period as the
Building Inspector may specify but not exceeding one year. rrhey shall be kept on
the premises designated therein and shall be subject to inspection by any officer
of the fire or police departments.
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Section 106. Required Permits.
In addition to the specific requirements elsewhere required in tbis ordinance
a permit shall be obtained for:
(a) Storage of calcium carbide in excess of one hundred pounds.
(b) Storage of hay, straw, excelsior and other combustible fibers
in excess of one ton.
(c) Storage of corrosive acids in excess of ten gallons of each kind.
(d) Storage of chlorates or other oxidizing chemicals in excess of
10 pounds.
(e) Storage or handling of pyroxylin plastic in excess of twenty pounds
unless wrapped or packed for sale.
(f) Use of stationary acetylene generators.
(g) Use of compressed gas from cylinders in excess of fcur hundred
cubic feet aggregate capacity.
(h) 'rhe application of paint, varnish or lacquer by spray method or
with dip tanks and ovens.
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(i) Use of regrigera tion sys terns con :";o.i.ninp; ten pounds or more of
retrigorall t rna terial.
(j) The cleaning or drying of clothes or other material with a Class I
or II flammable liquid.
Such permits shall be based upon compliance with the regulations of the
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National Board of Fire Underwriters where applicable.
Section 107. Inspections and Tests.
Before permits are issued the Building Inspector shall m~{e or cause to be
made s.uch inspections or tests as are necessary to assure that the provisions of
this ordinance are complied with.
Section 108. Revocation of Permits -- Appeals.
The Building Inspector is hereby authorized to revoke any permit whenever in
his judgment any violation of this ordinance warrants such revocation, but only
after a fair and impartial hearing shall have been accorded the holder of the
permit. Appeal from any decision of the Building Inspector in refusing to grant
or in revoking any permit may be made to the Director of Public Safety as outlined
in Section 104.
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Section 109. Approved Devices and Materials.
As used in this ordinance, the word "approved" as applied to devices or
materials means acceptable to the Director of Public Safety by reason of having
been tested and examined by him or by some recognized testing laboratory and
found to be properly safeguarded against fire hazard.
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Ordinance No. 663
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ARTICLE II
GARAGES--DEFINITIONS
Section 201
Definitions
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The word n garage" as used in this ordinance means a building.. shed, or
enc1:tsure.. or a part thereof" in which a motor vehicle containing volatile flamm-
able' oil in its fuel storage tank is stored, housed or kept and shall include re-
pair shops;
"Private garage" means a garage for not more than three motor vehicles..
in which no business or industry connected directly or indirectly with motor ve-
hicles is carried on;
"Public garage" means a garage not included wi thin the term private gar-
age.
Section 202
Approval of Plans
Before constructlng or altering .any garage.. complete plans of such pro-
posed work shall be filed wi th and approved by the Chief of the Fire Department
and .the Building Inspector. No Public garage shall be used as such without a per-
mit from the Director of Public Safety.
Section 203
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Private Garages
(a) A private garage located in or attached to a building also occupied
for some other purpose shall be separated from such other occupancy by wallS" ~loors
and ceilings having a fire retlstance rating of not less than one hour. Walls and
partitions which effect such separation and all floors and ceilings shall be con-
tinuous and unpierced by openings" provided that in a private garage attached to a
dwelling, a door opening equipped with an approved self-closin~oor and having its
sill raised not less than one foot above the garage floor shall not be prohibited.
(,b) There shall be no stove or other open flame-heating device in a pri-
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vate garage except in a room completely separated from the garage by construction
having a fire resistance rating of not less than one hour. One door opening from
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this room into the garage may be provided if equipped with an approved self-closing
door and having a sill raised not less than one foot above the garage floor.
:(c) Artificial lir~t shall be by incandescent electric light only.
(d) Not more than five gallons of gasoline, exclusive of that in the tanks
of vehicles, shall be kept in a private garage, which gasoline shall be kept only in
approved safety cans.
Section 204
Public Garages
(a) PUbl\c gara s shall be ~f f~eproof.. se\.i-ze-proof or ,\eal timber
construction and in \0 liance with alI\ tIie provisionSOY the building c,~e~ One-
story garages a hi \garages of heaVY'~mber constru,y-ti\n may have a"t'o'Of of bu:i.lt-up
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wood truss const ction\with no woog.en me ber less t)lan two\inches in mifi1nnun di-
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OrdinQDce No. 663
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mensi:\.. ROOfS\Of one story gar,ges may a~o be ,made )(f wood she)(thing on uppro-
tected steel trus\es.
(b) A publ;-C garage located in or attached to a bullding occupied for
any other purpo~e shall be separated f other occupancy by walls floors
and ceilings having a fire resistance of not less than twb ho s. Walls, 1
floors and ceilings which effect such contin~o unpierced
by openings; provided, that door
leading to salesrooms or offices
s equipped with self-cl ing fire doors
in connection with uch garages shall not
be prohibited, and\provided also the use of elevators and stairways to other
stories accessible only or balconies constructed and arranged as re-
quired for fire towers, shall be prohibited. Public garages in which earbon and
lead-burning, welding or other processes involving open flame or spark emitting de-
vices or the use of machine tools, or in which automobile englre fuel is sold, shall
not be connected with any residence building.
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(c) Gar~ges/ocated in buildings with parts above the garage used/ifor other
plirposes shall be ~rRcted by automatic spritl<?1'S when such garages ~ave a capacity
of twenty or more as senger automobiles or arel used as bus terminals Wt~ a capacity
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.. of more than two bukes or are used for the storage and of that in tl'1r/ tanks of ve-
hicles, shall be kept in a private garage,'which gasoline shall be kept only in ap-
pro~ed safety cans.
Section 204
Public Garages
(a) Public garages shall be of fireproof, semi-fire-proof or heavy timber
construction and in comp1aince with all the provisions of the building code,. One-
story garages and higher garages of heavy timber construction may have a roof of
built-up wood truss construction with no wooden member less than two inches in mini-
mum dimensions. Roofs of one story garages may also be made of wood sheathing on
unprotected steel trusses.
(b) A public garage located in or attached to a building occupied for any
other purpose shall be separated from such other occupancy by walls, floors and ceil-
ings having a fire resistance rate of not less than two hours. Walls, floors and ceil-
ings which effect such separation shall be continuous and unpierced by openings; pro-
vided, that door or<enings equipped wIth self-closing fire doors leading to salesrooms
or offices oper.ated in connection with such garages shall not be prohibited, and pro-
vided also that the use of elevators and stairways to other stories accessible only
by vestibules or balconies constructed and arranged as required for fire towers, shall
not be prohibited. Public garages in which carbon and lead-burning, welding or other
processes involving open flmae or spark emitting devices or the use of machine tools,
or in which automobile engine fuel is sold, shall not be connected with any residence
building.
(a) Garages located in buildings with parts above the garage used for other
purposes srlall be protected by automatic sprinklers when such garages have a c~pacity
of twenty or more passenger automobiles or are used as bus terminals with a capacity
Ordinance No. 663
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of more than two buses or are used for the storage and loading of two or more truclcs.
.(d) Basements used as public garages shall be continuously ventilated by
mechanical ventilating systems so designed as to assure suitable dllution and removal
of ga?oline vapors and motor exhaust fumes.
(e) Carbon and lead burning, welding and other processes involving direct
application of flame shall be carried on in the open air not less than 10 feet from
any bullding or in a special room separated from the rest of the garage by two hour
fire-resisting partitions.
( f)
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Volatile flam'Tlable liquids shall not be used for cleaing purposes in
a garage unless in a special closed machine of approved type or in a special room
separateq from the rest of the garage by two hour fire-resisting partitions. Gaso-
line and other volatile flammable liquids shall not be allowed to run upon the floor
or to fall or pass into the drainage sY~ltem of the premises. Self-closing metal cans
shall be used for all oily waste or wasted oils. Garages shall be swept frequently
and kept clean.
(g) Exclusive of that in the tanks of vehicles, gasoline shall be kept at
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a public garage only in underground tanks, in approved safety cans, or in approved
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portable tanks not exceeding a capacity of 60 gallons each. The tanks of vehicles
shall be filled dlrectly through hose from pumps attached to portable tanks or to
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permanent filling stations connected to underground storage tames. Gaeoline shall
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not be handled in any open container.
(h) In every publiC garage two or more approved chemical fire extinguish-
ers and four or more pails of sand shall be kept conve~'ient for quick use in case of
fire.
ARTICLE III
FLAW~ABLE LIQUIDS
Section 301
Application
This article applies to all li~lids having a flash point below 187 degrees
F. closed cup tester. The flash point shall be as determined by the Tagliabue closed
cup tester.
Section 302
Classification
For the purpose of this ordinance flamnable liquids are classified as
follows:
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Class I. Liquids having a flash polnt below 25 degrees P. closed cup
tester. Examples, ether, gasoline, napktha, and benzol.
Class II. Liquids having a flash po:int above that for Class I and Below
70 degrees F. closed cup tester. Examples, alcohol and amyl acetate.
Class III. Liquids having a flash po.1.nt above that for Class II and below
187 degrees F. closed cup tester. Examples,kerosene and fuel oil.
Section 303
Flammable Liquids--Pernuts
Ordinance No. 663
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A permit shall be obtained from the Director of Public Safety for the
storage or handling of flammable liquids in excess of one gallon where such storaGe
or handling 1s for the purpose of sale, or for use in some business or industry; or
for the storage of flammable liquids in excess of 55 gallons in connection with oil
burning eq1..1.ipments..
Section 304
Approvals
Before any flammable liquid tar~k or p:lplne; is covered from s~ght, the in-
stallation shall be inspected and approved by the Chief of the Fire Department. The
Director of Public Safety may prohibit the sale or use of any heating or lighting
appliance using flammable liquids, which has not been tested by Underwriters Labor-
atories, Inc., or some other con~etent authority, and found to be properly safe-
~larded against fire hazard.
Section 305
Class I and II Liquids
Class I and Class II liquids shall not be l{ept or stored in any building
used as a place of public assembly, except in laboratories for experimental pur-
poses. In establishments where Class I or II liquids are used in rnanufacturing,
cleaning or other process the Chief of the Fire Department shall require such pre-
ventive and protective measures as will reasonabl~ sa.fegu8;rd life and property against
fire..
Section 306
Storage and Handling of Class I Liquids in Buildings
Class I liouids shall not be kept inside of buildings except in sealed
contdners or approved safety cans or not more than one gallon capacity each, pro-
vided that in rooms conforming to Section 308, safety caDS up to 10 gallons in size
may be used, and in garages and manufacturing plants the Chief of the J:i'ire Depart-
ment may permit the use of approved portable wheeled tanks where the nature of the
business :t'Iequires such storage. Storage systems with arrangements for discharging
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Class I liquids inside of buildings shall have discharge outlets located in rooms
conforming to Section 308.
Section 307
Storage and Handling of Class II Liquids in Buildings
" Class II liquids shall not be kept inside of buildings except in sealed
containers or approved safety cans of not over five gallons capacity each or in
closed drv.ms, barrels or ta.nks.. Containers of Class II liquids of over five gallon
capaclty shall not be used to fill other containers, inside of buildings lIDless in a
room conforming to Section 308.
, Sectlon 308
Storage Rooms
Rooms for the storage and handling of flammable liquids shall be constructed
wlth walls, floors and ceilinGS having a fire resistance rating of not less than one
hour, prOVided tlJ,a t whe re in the op:Lnion of the Chief of the Fire Department the
Ordinance No. 663
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hazard iS,more than moderate, based upon a consideration of the quantity and nature
of the liquids involved and the extent of mixlng operations together with the const-
ruction of the buildings and its exposures, construction having a fire resistance
rating of not less than two hours shall be required. Door openin~s to the room shall
be equipped with approved automatic or self-closing fire doors and shall have sills
raised at least six inches above the room floor.
Section 309
Storage of Fuel Oil in Buildings
The storage of'Class III liquids in buildings, in connection with oil
burning equipments shall be in accort.nce with the following: TanIes of not over' 275
gallons capacity each and having an aggregate capacity not in excess of 550 gallons
may be installed without enclosures. Other tanks shall be completely enclosed with
a heat insulation equivalent to reinforced concrete not less than eight inches in
thickness, with at least a six inch space on sides between tank and concrete insul-
ation filled with sand or well tamped earth, and with 12 inches of sand on top of
tank, either between tank and concrete slab or above concrete slab.
Section 310
Drawing LiqUids from Containers
Flammable liquids, shall not be drawn or handled in the presence of any
open flame or fire. Except as permitted below, flammable liquids shall be drawn.
from tanks, at points inside buildings, only by plunpS or other method approved by
the Chief of the Fire Department. Draw-off pipes terminating inside buildings shall
have a valve at the discharge end; when delivery is by gravity, ,the shut-off valve
should preferably be of the automatically closing type and in addition an emergency
val ve shall be provided. Draw-off devi ces for Class I and II liquids shall hot be "
located on floors below grade. An approved domestic type oil burner may be sup-
plied by gravity from a tank of 275 gallons maximum capacity. A second tank may be
provided if connected by an approved 3-way valve so that not more than 275 gallons
can be discharged at anyone time. The Chief of the Fire Department may permit gra-
vity flow of flammable liquids in manufacturing and jobbing plants where the nature
of the business requires it.
Section 311
Smoking Prohibited
Smoking or the carrying of matches or other smoking material in rooms where
flammable liquids are handled is prohibited. Suitable TlNO SMOKING" signs shall be
displayed.
Section 312
Aboveground Storage Limited
The storage of flammable liquids in outside aboveground tanks is hereafter
~ohibited within the following limits:
Beginning at a po~nt in the city limits 1381 feet west of the west line of
Rouse Avenue north, thence easterly along the city limits to the west line of Rouse
Avenue, ,thence southeasterly along the southwesterly side of Front Street vacated
Ordinance No. 663
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and not vacated, to the westerly side of McAdow Avenue, thence southerly along tre
west line of McAdow Avenue to the north line of Main Street, thence westerly along the
north line of Main Street to the point of intersection of said north line
of Main Street with the west line of Lindley Park produced, thence aoutherly along said
westerly line of Lindley Park to the point of intersection with Mill Canal, thence
the said Mill Canal to Story street, thence westerly along the north line of Story
Street to the east line of Church Avenue, thence northerly along the east line of
Church Avem1e to the point of intersection of said east line of Church Avenue with
the south line of Koch Street, produced, thence easterly along said south line of
Koch Street produced to the point of its intersection with the east line of the north
along 1
and south alley between Church Avenue and,Wallace Avenue, thence northerly along the
east line of said alley to Babcock Street, thence easterly along the south line of
Babcock street to the east line of Wallace Avenue, thence northerly alcng the east
line of Wallace Avenue to the south line of Lamme Street, thence easterly along the
south line of Lannne Street to a point 150 feet east of the east line of Wa11ace Ave-
nue, thence northerly along'a'line parallel to and 150 feet from the east line of
Wallace Avenue to the north line 'of Peach Street, thence westerly along the north
line of Peach Street to the east line of Church Avenue, thence northerly along tre
east line of Church Avenue to the north line of Juniper street, thence westerly along
the north line of Juniper Street to the East line of Rouse Avenue, thence northerly
along the east line of Rouse Avenue to the north line of Birch Street, thence west-
erly along the north line of Birch Street to the east line of Montana Avenue, thence
northerly along the east line of Montana Avenue to the north line of Oak Street,
thence westerly along the north line of Oak Street 1027 feet, thence northerly to
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the point of beginning.
Section 313
Capacity and Location of Aboveground Tanks
(a) The distance from each outside aboveground tank to line of adjoining
property or nearest building, Shall not be less than set forth in the table below.
For tanks exceeding 45,000 gallons capacity and in particular installations for
tanks of any size these distances shall be increased at the discretion of the Chief
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of the Fire Department after 90nsideration of the special features such as: Topo-
graphical conditions, nature of occupancy of and proximity to buildings on adjoin-
ing property, and height and character of construction of such buildings, capacity
and construction of proposed tanks and character of liquids to be stored, degree of
private fire protection to be provided and facilities of the fire departmert to
MINIMUM DISTANCE OIl' OU'i'SIDE ABOVEGROUND 'rAl'lKS TO LINE OF
ADJOINING PROPERTY OR NEAREST BUILDING
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cope with oil fires.
Capacity of Tank,
Gallons
Minimum Distance,
Feet
o to
601 to
1,001 to
3,001 to
21,001 to
31,001 to
600
1,000
3,000
21,000
31,000
45,000
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10
20
25
30
40
Ordinance No. 663
(b) At ma.rketing stations and elsewhere truck loading racks shall be
separated from tanks by distances at least equivalent to those specified in the
above table.
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Section 314
Underground Storage Limited
Underground tan1{s shall have the top of the tank not less than two feet
below the surface of the ground~ except that, in lieu of the two foot cover, tanks
may be buried under 12 inches of earth and a cover of reinforced concrete at least
five inches in thickness which shall extend at least one foot beyond the outline
of the tank in all directions; concrete cover to be placed on a firm, well tamped
earth foundation. Villere necessary to prevent floating, tallies shall be securely
anchored or weighted. Where m. tank cannot be entirely buried, it st,all be covered
over with'earth to a. depth of at least two feet with a slope on all sides not steeper
than I! feet horIzontal to one foot vertical. For liquids with a flashpoi-,!.t below
100 degrees ':/., underGrouncl ta':;;;:s 1".C\.'Jil-l(,'; a C~l);'l':)ltJ i::;XCC3~-; e,_1' .r::,c/J ,,.)u.ll',: ,::':d.~lll L
.:. 'J 18ast 10 feet, and t anles having a capacity in excess of 2,000 gallons shall be
at least 20 feet, from every bl1ilding the lowest floor, basement, cellar or pit of
which is below the top of the tank.,
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Section 315
Construction of Tallies
The design, and construction of tanks shall conform to generally accepted
good practice and shall be approved by the Building Inspector. Tanks labeled b;T
Underwriters' Laboratories and tanks. conforming to the standards of the American
Petroleum Institute shall be deemed to conform to generally accepted good practice.
Section 316
Setting of Tanks
(a) Tanks shall be set on firm foundations. Tanks located ~~side build-
ings and exceeding 2,500 gallons capacity shall be supported independently of the
floor construction. Outside aboveground tanks more than one foot above the ground
shall:have foundations and supports of masonry or protected steel, except that wooden
cushions may be used.
(b) No combustible material shall be permitted under or within ten feet
of any outside aboveground storage tank. Electric motors, unless of approved ex-
'plosion-proof type, and internal combustion engines shall not be placed beneath tanks
or elsewhere within the line of vapor travel.
Section 317
Venting of Tanks
(a) An open galvanized iron vent pipe arranged for proper draining, or
an automatically operated vent, shall be provided for every tank which may contain
flarmnable vapor. The lower end of the vent pipe shall not extend through the top
into the tank ~or a distance of more than one inch.
(b) Vent openinGS for Class I and II liquids, and vent openings or vent
pipes exceeding two inches for Class III liquids, shall be provided with approved
Ordinance No. 663
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flame arresters and shall be of sufficient area to permmt escape of air or vapor
during the filling operation. Vent o~enings, except those automatically operated,
shall not be less than one inch in diameter. Arresters shall be accessible for
examination and repair. Vent pipes shall be provided with weatherproof hoods and
terminate outside of building 12 feet above top of ,fill p:lpe, or if tight connec-
tion is made in fillinG line, to a point one foot above the level of the top of the
highest reservoir from which the tanks may be filled and if possible not less than
three feet, measured horizontally and vertically, from any window or other build-
ine; opening. Vfuere a power pump is used in fillinE storage tanks and a tight con-
nection is made to the fill pipe, the vent pipe shall not be smaller than the fill
p:i.pe.
Section 318
Emergency Pressure Reliefs
With the exception of vertical, cone-roof tanks having a roof slope less
than 21.t inches in 12 inches and in which the strength of the joint between roof and
shell is no greater than that of the weakest vertical joint in the shell, all above~
ground tanks shall have some form of relief for preventing the development of ex-
ces:,1i ve internal pressure in case of exposure fire surrounding the tank. The method
of relief shall be acceptable to the Chief of the Fire Department.
Section 319
DHre s
(a) Tanks containing crude oil or other liqu:i.ds which have a tendency
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to boil over, and tanks exceeding 50,000 gallons capacity shall be surrounded with
a di.ke having a capacity not less than that of the tank or tanks surrounded; mini-
mum height of earth dikes to be three feet, and of masonry dikes thirty inches.
(b) 'fanks of less Ulan 50,000 p;allons capacity and of other than vertical
type mount.ed on proper foundations and with attached piping protected against me-
chanical inilJ.ry shall, when deemed necessary by the Chief of the Fire Department on
account of' proximity to streams, character of topography or nearness to buildings of
high value, be diked, or t he entire yard provided wi th a curb or retaining wall, or
other suitable means taken to prevent the discharge of liquids on to other property
in case of a rupture in tan1::: or piping.
(c) Dilms or walls requlred by the preceding paragraphs shall be of earth
or masonry 's 0 cons tructed as to afford adequate protection. 1Nhen dikes surround tanks
containing crude oil, they shall have a suitable coping or deflector projecti.ng inward
properly constructed to minimize the effect of a "boil over" wave. DH::es surrounding
crude oil tanks shall be not less than 50 feet from the shell of the tank or tanks
surrounded.
Section 320
Distinctive MarkinGs
(a) Portable containers for Class I and II liquids shall be painted red
(entire container or conspicuous band or stripe) and be conspicuou'ly lettered in
black, "DANGEROU~)--KEEP LIGHTS AND FIRE AWAY".
Ordi.nance N~. 663
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Section 322
Valves at Tanks and Pumps
(a) Vfuere tanks are aboveground there shall be a valve located near the
tank in each pipe. In case two or more tanks are cross-connected there shall be a
valve near each tank in each cross-connection.
(b) Pumps delivering to or taking s,upp;Ly from above ground storage tanles
shall be provided with valves on both suction and discharge of pump, and in deliv-
ering to ~anks a check valve to prevent flow of liquid from tank to pump.
(c) In systems using pumps to supply auxiliary tanks or header systems,
which feed internal combustion engines or fuel oil burners, a pressure relief shall be
installed to return surplus oil to the supply tank.
Section 323
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Tanlc Filling, and Filling Connections
(a) Deliveries of flammable liquids of Class I and II shall be made dir-
ectly to the storage tank through the filling pipe by means of a hose or pipe be-
tween the filling pipe and barrel, tank: wagon or tank car from which such liquid is
being drawn.
(b) The end of the filling pipe for underground storage tanks for Class
I and II liquids 3[1all be carried to a location outside of any buildinfj, but not
within five feet of any entrance door, or cellar ope~ing; this filling pipe shall be
closed by a screw cap.
Section 324
F'ire Extinguishers
Vfuere flammable liquids are kept, used or handled a quantity of loose non-
'combustible absorbents, such as dry sand or ashes, together wi th pails or scoops,
and chemical extinguishers or other extinguishing devices or materials shall be pro-
vided in such quanti ties as may be directed by the Chief of the Fire Department.
Section 325
Liqu~fied Petroleum Gas Containers
Non-portable continers for the storage of liquefied petroleum gases (pro-
pane and butane are the principal constituents) shall be constructed in accordance
wi th Section 8 of the Boiler Code of the American Society of r,Techanical Engineers.
Such containers, when above ground, shall be located not less than 50 feet front the
Ordinance No. 663
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nearest building other than those devoted exclusively to gas manufacturing and
distributing operations, and not less than 50 feet to the line of adjoining pro-
perty which may be built upon.
ARTICLE IV
NITROCELLULOSE MOTION PICTURE FILM
Section 401
Application
This article applies to motion picture film or X-Ray film having a cel-
lulose nitrate. base. The word Itfilmlt wherever used in this article refers to such
films. Cellulose acetate film, marked safety film, is exempt from these provisions.
Section 402
Permits
No person shall s tore, keep or have on hand more than 25 pounds (about
5,000 feet of 1 3/8 inch film) of nitrocellulose motion picture film or X-Ray film,
without a permit from the Director of Public Safety. No person shall sell any toy
or minia ture mot ion picture machine containing nl trocellulose mot:1,on picture film,
or sell, lease or otherwise dispose of any nitrocellulose motlon picture film to
any person not :hnving a permit to handle, use or display such film,
Section 403
Enclosures for Motion Picture Projectors
(a) Motion picture projectors using nitrocellulose film shall be oper-
ated or set up for operation only within an approved enclosure, not less than 48
square feet in size and seven feet high. If more than one machine is to be op-
erated an additional 24 square feet shall be provided for each additional machine.
(b) The enclosure shall be built of brick, tile, or plaster blocks,
plastered on both sides, or of concrete, or of a rigid metal frrune, properly braced,
and shea to-ed and roofed with sheet iron of not less than No. 20 U. S. gauge metal,
or with t inch hard asbestos board, securely riveted or bolted to the frame, or
two inches of solid metal lath and cement or gypsum plaster. All joints shall be
sufficiently tight to prevent the discharge of smoke.
(c) Tlw entrance door into the enclosure shall be at least two feet by
five feet, of construction equivalent to the.sheo.thinc; permitted above for rigid
frame construction, and shall be so arranged as to close automatically, and shall
be kept closed at all times when not used for egress or ingress.
(d) Two orifices or openings for each picture machine may ber-provided;
one for the operator's view shall be not larger than ten inches by twenty inphes,
and the other through which the picture is projected shall be not larger than eight
inches in greatest dimension~. Where separate stereopticon, spot or floodlight ma-
chines are installed in the ,same enclosure with picture machines, not more than one
opel,ing for each such machine shall be provided for both the operator's view and for
the projection of the light, but two or more macl1ines may be operated through the
same opening; such openings shall be as sma~l as practicable and shall be capable
of being nrotected by approved automatic shutters.
Ordinance Nol. 663
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(e) Each opening shall be provided wi th a gravi ty shut'ter of approved
fireproof material. Shutters shall be suspended, arranged and inter-connected so
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that all openings will close upon the operating of/some suitable fusible or me-
f
chanical releasing device, designed to operate automatically in case of fire or
other contingency requiring the immediate and complete isolation of t he contents
of the enclosure from other portions of the building. There shall also be pro-
vided suitable means for manually closing all shutters simultaneously from a point
near the door. Shutters on openings not in use shall be kept closed.
(~) All shelves, furniture and fixtures within the enclosure shall be
constructed of incombustible material, and no combustible material of any sort what-
ever shall be permitter or allowed to be within such enclosure, except the films
used in the operation of the machine, and film cement.
(g) Ventilation shall be provided by means of a vent pipe having inlets
at one or more points in the ceiling and also connecting to each arc lamp housing.
The vent pipes shall lead to the outside of the building or to a special non-com-
bustible flue. All vent pipes shall be kept at least one inch from combustible ma-
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terial or separated therefrom by approved non-combustible heat ins11la.ting material
not less than t inch in thickness.,': Draft in each booth vent pipe shall be main-
tained by an exhaust fan havinr; a capacity of at least 200 Cubic feet per minute for
each eighty square feet of floor area of the booth.
(11) An approved film cabinet shall be provided in enclosures where the
amount of film exceeds forty pounds (8,000 feet of 35 rrnn. film). All films not being
used shall be kept in the cabinet or in Interstate Commerce Commission Shipping
containers, but not over forty pounds of film shall be perm~tted to remain in the
shipping containers.
Section 404
Vents
Cabinets having a capacity of over 50 pounds of film shall be provided with
a vent from each compartment to the outside of t he building. The vent shall have a
minimum effective sectional area of 14 square inches per 100 pounds of , film capacity.
Section 4Cl5
Smoking, Etc
Smoking or the carrying of a lighted pipe, cigar, cigarette or other form
of smoking material in rooms where film is stored or handled is prohibited.
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ARTICLE V
EXPLOSIVES
Section501
Application
This article applies to all, explosives except small arms ammunition and
protechnic devices covered by Ordinance No. 625 of the City of Bozeman.
Section 502
Permits
The manufacture of explosives is prohibited. A permit shall be obtained
Ordinance No. 663
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from the Director of'Public Safety to have, keep, use, store or transport any ex-
plosives.
Section 503
Transportation 1
(a) Explosi ves shall not be transported or carried on or in any con- ~.
veyance carryIng passengers for hire.
(b) Every vehicle, while carrying explosives, shall display upon an erect
pole a t the, front end of such vehicle and at such height that it shall be visible
from all directions, a red flag with the word "DA~WEnlt printed, stamped or sewed
ttlcreon in white letters at least six (6) inches in height, or in lieu of such
. fl ag the word "EXPLC'SIVES", rous t be painted on, or attached to the rear end and
each side of such vehicle in letters at least four (4) inches in height.
(c) It shall be a violation of this ordinance for any person in charge
of a veh:1.cle cO!'\taining explosives to sm~l\:e in, upon or near such vehicle, to drive.
load or unload the veld cle wb.ile intoxicated, to drive the vehicle in a careless or
reckless manner, or to load or unload such vehicle in a careless or reckless man-
ner.
(d) It shall be a violati.on of this ordinance for any person to place or
carry or cause to be placed or carried, any metal tool or other similar piece of
metal, in the bed or body of a vehicle containing explosives.
(e) It shall be a violation of this ordinance for any person to place
or carry, or cause to be placed or carried, in the bed or body of a vehicle con-
taining explosives, any exploders, detonators, blasting caps, or other similar
explosive material, or to carry in or upon any such vehicle any matches.
Section 504
Storage
(a) Explosives shall be stored only in magazines made of fireproof
material or of wood covered with sheet iron and conspicuousl::r marked tfMAGAZIN:E--
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EXPLOSIVES--DANGEROUSlt .
(b) Magazines containing explosives shall be located at distances from
neighboring buildings, hiGhways andrailroa.ds in conformity with the American
q~antity and distance table; provided, that one portable magazine may be allowed
in a building not occupied as a dwelling or place of' public assembly if placed on
wheels and located not_ more than ten feet from, on the same floor Vii tJI and dir-
ectly opposite the entrance on the floor nearest the street level, and one maga-
zine containing not more than five thousand blasting caps may be allowed if placed
on wheels arid located on the floor ncarest the street level.
(c) Blasting caps or detonators of any l{ind shall not be placed or kept
in the same ma~azine with other explosives.
(d) Magazines shall be kept loclced except when being inspected or when
explosives are being placed tilerein or being removed therefrom.
(e) Magazines shall be kept clean and free from grit; rubbisll and empty
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paclcages.
Ordinance No. 663
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ARTICLE VI
MISCELLANEOUS PROVISIONS FOR FIRE PREVENTION
Section 701
Bonfires
No person shall burn or cause to be burned any trash, lumber, lea~es, straw
or any other combust;ble materia.l in any streetl alley or vacant lot, without a per-
mit from the Chief of the Fire Department, when such burning shall be done in screened
metallic receptacles approved by him and under such proper safeguards as he ,may direct.
Section 702
Hot Ashes and Other Dangerous Materials
Ashesl smouldering coals or embers, greasy or oily substances and other
matter liable to spontaneous ignition shall not be deposited or allowed to remain
within ten feet of any combustible materials or construction made up of combustible
materials, except in metal or other non-combustible receptacles. Such receptacles
shall be placed on non-combustible stands, unless resting on a non-combustible floor
or on the ground outside the building, and shall be kept at least two feet away from
any combustible wall or partition.
Section 703
Accumulations of Combustible Materials
(a) No person shall permit to remain upon any roof or in any court, yard,
vacant lot Dr open space, any accumulation of waste paper, hay, grass, straw, weeds,
litter or combustible or flammable waste or rubbish of any kind.
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(b) Every person makingl using, storing or having charge or control of
any shavings, excelsior, rubbish, sacks, bags, litter, hay, straw or combustible
trash, waste or fragements shall at the close of each day cause all such material
which is not compactly baled and stacked in an orderly manner to be removed from
the premises or stored in suitable vaults or in metal or metal lined and covered
receptacles or bins. Suitable presses shall be installed in stores, apartment
buildings, factories and similar places where accumulations of paper and waste
materials are not removed at least every second day.
Section 704
Flammable decorations
(a) Cotton batting, straw, dry vines, leaves, trees, celluloid or other
highly flrorr~able materials shall not be used for decorative purposes in show win-
dows or in stores without a permit from the Chief of the Fire Department.
(b) Paper and other readily flammable materials shall not be used "fer
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decorative purposes in any place of public assemblYI unless such materials have first
been treated to render tllem flameproof to the satisfaction of the Chief of the ~ire
Department.
ARTICLE VII
VIOLATIONS, CONFLICTING ORDINANCES AND DATE OF EFFECT
Section 801
Penalties for Violation
-Ordinance No. 663-
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A person who shall violate any provision of this ordinance or fail to
comply therewith, or who shall violate or fail to comply with any order or regul-
ation made thereunder, or who shall build in volation of a detailed statement or
plan submitted and approved thereunder, or of a permit issued there-under, shall
severally for each and every such violation and non-compliance, be fined not to
exceed the sum of twenty-five dollars. The imposition of a fine for a violation
of this ordinance shall not excuse the violation, or permit it to continue; such
violation shall be remedied/and abated within a reasonable time, and each ten days
that such violation is permitted to exist shall constitute a separate offense.
The imposition of the above penalty shall not be held to prevent the
enforced removal of prohibited conditions.
Section 802
Valadi ty
If any section or part of section or paragraph of this ordinance is de-
clared invalid or unconstitional it shall not be held to invalidate or impair the
validity, force or effect of any otl1er section or sections or part of a section or
paragraph of this ordinance.
Section 803
ConflictIng Ordinances Hepealed
Ordinance No. 446 and all other ordinances and parts of ordinances of the
City of Bozeman inconsistent or in conflict her-ewith are hereby repealed.
Section 804
Date of Effect
This ordinance shall take effect and be in force from and after thirty
days after its passage and adoption.
Provisionally passed and adopted by the Comnussion of the City of Bozeman,
Montana, on the
~th day of September , 1935.
Fina:Gy passed and adopted by the Corrrrnission of the City of Bozeman, Mont-
ana, on the 27th
day of September,
, 1935.
7/. ;f~~
,ArtI1E-ST:
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rz;;_;L#otfh~ P
ClerkjZlf the Commission.
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Published in Bozeman Daily Chronicle September 29, 1935.
-Ordinance No. 663-
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I, Carolyn Westlake, Clerk of the Commission of the City of Bozeman, hereby
certify that the foregoing r-.f)r"'1l1....,t 11 Ordinance No. 663 was published by title in the
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Bozeman Daily Chronicle, a daily newspaper of general circulation, printed and pub-
lished in said City of Bozeman, in the issue of September 29, 1935, and that due proof
of said publication was made and filed in my office.
IN WITNESS VJIJEREOF I hereunto set my hand and affix the seal of my office
thls'30th day of September, 1935.
b;~'~U/~
Clerk 0 he omm ssion
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Ordinance No. 663
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